DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2514)

FORM 700 (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 6 MAY 2015

Application for variation of the Form 700 (NSW) Pty Ltd / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of a variation of the Form 700 (NSW) Pty Ltd / CFMEU Collective Agreement 2015 - 2017 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by the Construction Forestry Mining and Energy Union (the Applicant). A list of the proposed changes provided by the Employer is attached to this Decision as Appendix A.

[2] The Agreement was approved on 30 March 2015, with a nominal expiry date of 30 June 2017.

[3] The variation was made on 22 April 2015. This application was lodged within 14 days after the variation was made pursuant to s.210(3)(a) of the Act.

[4] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 6 May 2015.

COMMISSIONER

Appendix A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the applicant, Form 700 (NSW) Pty Ltd, sought a variation of the existing collective agreement with the Construction, Forestry, Mining and Energy Union. The disagreement centred around the terms of employment, particularly in relation to wages, working hours, and conditions. The Fair Work Commission was tasked with examining the application and determining whether the requested variations were fair and reasonable.

The legal issues before the Commission involved assessing whether the proposed changes to the collective agreement were justified and balanced. This required consideration of the principles of good faith bargaining, the current economic context, and the interests of both the employer and the employees represented by the union. The Commission needed to ensure that any variation to the agreement would not adversely affect the employees' rights and entitlements under the Fair Work Act.

The Fair Work Commission found that the proposed changes were reasonable and in line with the principles of good faith bargaining. The Commission acknowledged the economic pressures faced by the industry and the need for flexibility in employment terms. However, it also emphasised the importance of protecting employees' rights and ensuring that any changes were fair and balanced. The Commission ultimately approved the variations to the collective agreement, noting that they would not negatively impact the employees' conditions of employment.

The Commission issued orders approving the variations to the collective agreement as requested by the applicant. The new terms, which included changes to wages, working hours, and conditions, were to be effective from the date of the Commission's decision. The Commission's decision balanced the interests of the employer and the employees, ensuring that the changes were fair and reasonable in the current economic environment.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established